4In section 38(3)(c) of the Criminal Justice Act 1961 (construction of references to imprisonment or detention in case of children and young persons) after “in accordance with” insert “a determination of the Secretary of State or of a person authorised by him, in accordance with arrangements made by the Secretary of State or in accordance with”.

8In section 37 of the Mental Health Act 1983 (powers of court to order hospital admission or guardianship), in subsection (1A)(c) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.

9The Repatriation of Prisoners Act 1984 has effect subject to the following amendments.

10Before section 1 insert—

“Transfer of prisoners to or from the United Kingdom”.

11(1)Section 1 (issue of warrant for transfer) is amended as follows.

(2)In subsections (2) and (3) for “warrant under this Act” substitute “warrant under this section”.

(3)In subsection (4)—

(a)for “warrant under this Act” (in both places) substitute “warrant under this section”;

(b)in paragraph (b) omit the words “under this Act”.

(4)In subsection (5) (as it applies in cases in which the relevant Minister is the Scottish Ministers and in cases in which the relevant Minister is the Secretary of State) for “warrant under this Act” substitute “warrant under this section”.

(5)In subsection (6) after “warrant” (in the first place it appears) insert “under this section”.

(6)In subsection (7)(b) after “under” insert “any of”.

(7)In subsection (8)—

(a)after “similar to” insert “any of”;

(b)after “respect to” insert “—

(a)”; and

(c)at the end insert “; or

(b)the transfer between different countries and territories (or different parts of a country or territory) of responsibility for the detention and release of persons who are required to be so detained in one of those countries or territories (or parts of a country or territory) but are present in the other country or territory (or part of a country or territory).”

12(1)Section 2 (transfer out of the United Kingdom) is amended as follows.

(2)In subsection (1) after “warrant” insert “under section 1”.

(3)In subsection (4)—

(a)in paragraph (a) for “warrant under this Act” substitute “warrant under section 1”; and

(b)in paragraph (b)(i) (as it continues to have effect in relation to prisoners sentenced for offences committed before 4th April 2005) after “33(1)(b)” insert “, (1A)”.

(4)In subsection (7) for “warrant under this Act” substitute “warrant under section 1”.

13(1)Section 3 (transfer into the United Kingdom) is amended as follows.

(2)In subsection (1), after “a warrant” insert “under section 1”.

(3)In subsections (2), (4) and (6), for “warrant under this Act” substitute “warrant under section 1”.

(4)In subsection (7)—

(a)at the beginning insert “Part 1 of”; and

(b)for “warrant under this Act” substitute “warrant under section 1”.

(5)Subsection (10) is omitted.

14(1)Section 4 (temporary return) is amended as follows

(2)In subsection (1)—

(a)for “warrant under this Act” substitute “warrant under section 1”;

(b)in paragraph (a), after “Kingdom” (in the second place it appears) insert “, or from which responsibility for his detention and release has previously been transferred to the United Kingdom,”;

(c)in paragraph (b), after “transferred” insert “, or to which responsibility for his detention and release has previously been transferred,”.

(5)In subsection (4) for “warrant under this Act” substitute “warrant under section 1”.

(6)After subsection (5) insert—

“(6)Any reference in subsection (5)(a) to the prisoner having previously been transferred into or from Scotland includes a reference to responsibility for his detention and release having previously been transferred to or from the Scottish Ministers (as the case may be).”.

“Supplementary and general provisions”.

16(1)Section 5 (operation of warrant and retaking prisoners) is amended as follows.

(2)In subsection (1)—

(a)for “under this Act” substitute “under section 1”; and

(b)after “this section” insert “(apart from subsection (9))”.

(3)After subsection (8) insert—

“(9)Where—

(a)a warrant under section 4A has been issued, and

(b)the relevant person is a person to whom subsection (3) of that section applies,

subsections (2) to (8) above apply for the purposes of that warrant (but with the modifications contained in subsection (10)), except (without prejudice to section 4C(4) or any enactment contained otherwise than in this Act) in relation to any time when the relevant person is required to be detained in accordance with provisions contained in the warrant by virtue of section 4C(1)(b).

(10)In their application for the purposes of a warrant under section 4A those subsections shall have effect as if—

(a)any reference to the warrant under section 1 (however expressed) were a reference to the warrant under section 4A;

(b)any reference to the prisoner were a reference to the relevant person;

(c)in subsection (4)—

(i)in paragraph (a) for “that person” there were substituted “the authorised person”; and

(ii)paragraph (b) were omitted; and

(d)in subsection (8)(a) for “transfer of a prisoner to or from Scotland” there were substituted “transfer of responsibility for the detention and release of the relevant person to the Scottish Ministers”.”

17(1)Section 6 (revocation etc. of warrants) is amended as follows.

(2)In subsection (1)—

(a)for “warrant under this Act” (in the first place they appear) substitute “warrant under section 1”;

(b)in paragraph (b) for “this Act” substitute “that section”.

(3)After subsection (1) insert—

“(1A)Subject to section 4A(8), if at any time it appears to the relevant Minister appropriate, in order that effect may be given to any such arrangements as are mentioned in section 4A(5)(a) for a warrant under section 4A to be revoked or varied, he may as the case may require—

(a)revoke that warrant; or

(b)revoke that warrant and issue a new warrant under section 4A containing provision superseding some or all of the provisions of the previous warrant.”

(5)In subsection (5)(a), for the words from “where” to the end substitute “in a case where—

(i)the warrant was issued under section 1 and provides for the transfer of the prisoner to or from Scotland; or

(ii)the warrant was issued under section 4A and provides for the transfer of responsibility for the detention and release of the relevant person to those Ministers;”.

18(1)Section 8 is amended as follows.

(2)In subsection (1) after the definition of “the prisoner” insert “; and

“the relevant person” has the meaning given by section 4A(5)(b).”

(3)In subsection (3)—

(a)in paragraph (a) after “section 1(1)(a)” insert “or 4A(5)(a)”;

(b)in paragraph (b) for “such a party” substitute “a party to such international arrangements as are mentioned in section 1(1)(a)”;

(c)after paragraph (b) (but before the “or” after that paragraph) insert—

“(ba)that the appropriate authority of a country or territory which is a party to such international arrangements as are mentioned in section 4A(5)(a) has agreed to the transfer of responsibility for the detention and release of a particular person in accordance with those arrangements,”.

19(1)The Schedule (operation of certain enactments in relation to the prisoner) is amended as follows.

(2)For the cross-heading before paragraph 1 substitute—

“Part 1

Warrants under section 1

Application of Part 1”.

(3)In paragraph 1—

(a)at the beginning insert “This Part of”;

(b)after “under” insert “section 1 of”; and

(c)after “; and in” insert “this Part of”.

(4)In paragraph 2 (as it applies in England and Wales in relation to offences committed before 4 April 2005)—

“(2A)If the warrant specifies that the offence or any of the offences in relation to which a determinate sentence is to be served corresponds to murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified violent or sexual offences), any reference (however expressed) in Part 2 of the Criminal Justice Act 1991 to a person sentenced for an offence specified in that Schedule is to be read as including a reference to the prisoner.”

(5)In paragraph 2 (as it applies in England and Wales in relation to offences committed on or after 4 April 2005), after sub-paragraph (3) insert—

“(3A)If the warrant specifies that the offence or any of the offences in relation to which a determinate sentence is to be served corresponds to murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified violent or sexual offences), any reference (however expressed) in Chapter 6 of Part 12 of that Act to a person sentenced for an offence specified in that Schedule is to be read as including a reference to the prisoner.”

9This Part of this Schedule applies where a warrant is issued under section 4A providing for the transfer of responsibility for the detention and release of the relevant person to the relevant Minister (within the meaning of that section).

10Paragraphs 2 to 8 above apply as they apply where a warrant is issued under section 1, but with the following modifications.

11Any reference to “the relevant provisions” is to be read as a reference to the provisions contained in the warrant by virtue of section 4C(1)(b).

12(1)Any reference to the prisoner is to be read as a reference to the relevant person.

(2)Sub-paragraph (1) does not apply to the words “a short-term or long-term prisoner” in paragraph 2(3) (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993).

13In paragraph 2 (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993) the reference to prisoners repatriated to Scotland is to be read as a reference to any relevant person—

(a)in whose case the warrant under section 4A transfers responsibility for his detention and release from a country or territory outside the British Islands to the Scottish Ministers; and

(b)whose sentence or any of whose sentences in that country or territory were imposed on or after 1 October 1993.

14The reference in paragraph 7 to the time of the prisoner’s transfer into the United Kingdom is to be read as a reference to the time at which the warrant under section 4A was issued.”

(2)In section 63B of that Act (testing for presence of Class A drugs) in subsection (7) (disclosure of information obtained from drug samples) in paragraph (aa) after “Criminal Justice Act 2003” insert “or a youth conditional caution under Chapter 1 of Part 4 of the Crime and Disorder Act 1998”.

27In section 6(7) of the Criminal Justice (International Co-operation) Act 1990 (transfer of overseas prisoner to give evidence or assist investigation in the United Kingdom), for the words from “having been” to the end of paragraph (b) substitute “—

(b)having been transferred there, or responsibility for his detention and release having been transferred there, from the United Kingdom under the Repatriation of Prisoners Act 1984;

(c)having been transferred there, or responsibility for his detention and release having been transferred there, under any similar provision or arrangement from any other country or territory,”.

“(4A)The reference in subsection (4)(b) above to a person who has been transferred to Scotland in pursuance of a warrant under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in Scotland in pursuance of a warrant issued by the Scottish Ministers under section 4A of that Act (warrant transferring responsibility for detention and release of offender).

(4B)Such a person is to be taken to have been transferred when the warrant under section 4A of that Act was issued in respect of that person.”

31The Crime (Sentences) Act 1997 has effect subject to the following amendments.

32(1)Schedule 1 (transfer of prisoners within the British Islands) is amended as follows.

(2)In paragraph 8(2)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “, 50A”.

(3)In paragraph 8(4)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “, 50A”.

(4)Any reference in paragraph 8(2)(a) or (4)(a) to section 39 of the 1991 Act is to be read as a reference to section 254(1) of the Criminal Justice Act 2003 (c. 44) in relation to any prisoner to whom paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950) applies.

(5)In paragraph 9(2)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “, 50A”.

(6)In paragraph 9(4)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “, 50A”.

(7)Any reference in paragraph 9(2)(a) or (4)(a) to section 39 of the 1991 Act is to be read as a reference to section 254(1) of the Criminal Justice Act 2003 in relation to any prisoner to whom paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 applies.

33(1)Schedule 2 (repatriation of prisoners to the British Islands) is amended as follows.

(2)In paragraph 2(2) (as it continues to have effect in relation to persons to whom it applied before 4th April 2005), in the definition of enactments relating to release on licence, after “33(1)(b),” insert “, (1A),”.

(3)In paragraph 3(2) (as it continues to have effect in relation to persons to whom it applied before 4th April 2005), in the definition of enactments relating to release on licence, after “33(1)(b),” insert “, (1A),”.

(4)In paragraph 5 (which modifies paragraph 2 of the Schedule to the Repatriation of Prisoners Act 1984 (c. 47) in its application to certain descriptions of prisoner), after sub-paragraph (1)(b) insert—

“(c)prisoners detained in Scotland in pursuance of warrants which—

(i)are issued by the Scottish Ministers under section 4A of the Repatriation of Prisoners Act 1984 (warrant transferring responsibility for detention and release); and

(b)an offence under any of sections 2 to 12 and 14 to 17 of the Sexual Offences Act 1956 (unlawful intercourse, indecent assault, forcible abduction etc.);

(c)an offence under section 128 of the Mental Health Act 1959 (unlawful intercourse with person receiving treatment for mental disorder by member of hospital staff etc.);

(d)an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14);

(e)an offence under section 54 of the Criminal Law Act 1977 (incitement of child under 16 to commit incest).”

38The amendments made by paragraphs 36 and 37 are deemed to have had effect as from 1 May 2004.

39Where an order under section 61 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (application of Part 2 of Act to service courts) makes provision as regards the application of any provision of section 35 or 62 of that Act which is amended or inserted by paragraph 36 or 37, the order may have effect in relation to times before the making of the order.

45In section 116 (power to order return to prison where offence committed during original sentence)—

(a)in subsection (1)(b) for “under Part II of the Criminal Justice Act 1991 (early release of prisoners)” substitute “under any provision of Part 2 of the Criminal Justice Act 1991 (early release of prisoners) other than section 33(1A)”, and

“(6)The reference in paragraph (4)(b) to a person transferred to Northern Ireland in pursuance of a warrant under the Repatriation of Prisoners Act 1984 includes a person who is detained in Northern Ireland in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).”

52In section 48(2)(b) of the Crime (International Co-operation) Act 2003 (transfer of EU etc prisoner to assist UK investigation), for the words from “having been” to the end of paragraph (b) substitute “—

(a)having been transferred there, or responsibility for his detention and release having been transferred there, from the United Kingdom under the Repatriation of Prisoners Act 1984;

(b)having been transferred there, or responsibility for his detention and release having been transferred there, under any similar provision or arrangement from any other country or territory.”

(a)in paragraph (a) of the definition of “cautioned”, for “by a police officer” substitute “(or, in Northern Ireland, cautioned by a police officer)”;

(b)at the appropriate place insert—

““kept in service custody” means kept in service custody by virtue of an order under section 105(2) of the Armed Forces Act 2006 (but see also subsection (3));”.

(3)After subsection (2) insert—

“(3)In relation to any time before the commencement of section 105(2) of the Armed Forces Act 2006, “kept in service custody” means being kept in military, air-force or naval custody by virtue of an order made under section 75A(2) of the Army Act 1955 or of the Air Force Act 1955 or section 47G(2) of the Naval Discipline Act 1957 (as the case may be).”

(2)The amendment made by sub-paragraph (1), and the repeals in Part 4 of Schedule 28 of sections 86(4) and 87(6) of the Sexual Offences Act 2003 (which are consequential on that amendment), extend to England and Wales and Northern Ireland only.

58(1)Schedule 3 (sexual offences in respect of which offender becomes subject to notification requirements) is amended as follows.

(2)After paragraph 35 insert—

“35AAn offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—

(a)was 18 or over, and

(b)is sentenced in respect of the offence to imprisonment for a term of at least 2 years.”

(3)After paragraph 92 insert—

“92AAn offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—

(a)was 18 or over, and

(b)is sentenced in respect of the offence to imprisonment for a term of at least 2 years.”

“(6A)Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.”

(5)Omit subsections (7) to (9).

61After section 23A insert—

“23BVariation of conditions

A relevant prosecutor may, with the consent of the offender, vary the conditions attached to a conditional caution by—

65In section 150 (circumstances in which community sentence not available), in paragraph (d) for “any of sections 225 to 228” to the end substitute “section 225(2) or 226(2) of this Act (requirement to impose sentence of imprisonment for life or detention for life)”.

“(5)The reference in subsection (2)(b) above to a person who has been transferred to England and Wales in pursuance of a warrant issued under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in England and Wales in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).”

77In Part 4 of Schedule 37, in the entry relating to the Magistrates' Courts Act 1980, in the second column, omit the words “In section 33(1), paragraph (b) and the word “and” immediately preceding it”.

78In paragraph 14 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (saving from certain provisions of the Criminal Justice Act 2003 for sentences of imprisonment of less than 12 months), for “sections 244 to 268” substitute “sections 244 to 264 and 266 to 268”.

(4)Expressions used in this paragraph and that Act have the same meanings in this paragraph as in that Act.”

(5)After paragraph 6 insert—

“6A(1)Any of the following offences under the Customs and Excise Management Act 1979—

(a)an offence under section 50(2) or (3) (improper importation of goods) in connection with a prohibition or restriction relating to the importation of nuclear material;

(b)an offence under section 68(2) (exportation of prohibited or restricted goods) in connection with a prohibition or restriction relating to the exportation or shipment as stores of nuclear material;

(c)an offence under section 170(1) or (2) (fraudulent evasion of duty etc.) in connection with a prohibition or restriction relating to the importation, exportation or shipment as stores of nuclear material.

(2)In this paragraph “nuclear material” has the same meaning as in the Nuclear Material (Offences) Act 1983 (see section 6 of that Act).”

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